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Vijayan Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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Kerala HC
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Vijayan Vs State of KeralaVijayan v. State of Kerala

Dismissed

Vijayan v. State of Kerala

Kerala HC19 Jul 2024WP(Crl.)/143/2023

Case brief

AI extract

What is this about?

Sole accused in a POCSO trial sought mandamus to expedite disposal of his representation; withdrew the petition at admission. Dismissed as withdrawn.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

FRIDAY, THE 19^TH DAY OF JULY 2024 / 28TH ASHADHA, 1946

WP(CRL.) NO. 143 OF 2023

CRIME NO.133/2021 OF CHITTUR POLICE STATION, PALAKKAD IN S.C.NO.607/2021 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,PALAKKAD.

PETITIONER:

VIJAYAN,

AGED 57 YEARS, S/O. MADHAVAN, VAZHAYIL HOUSE, CHOORAKKOD P.O., VALLAPPUZHA, PATTAMBI, PALAKKAD DISTRICT, PIN-679336.

BY ADVS. M.MUHAMMED SHAFI T.RASINI AYISHA AFRIN A.V.K.

RESPONDENTS:

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
Vijayan
respondent
State of Kerala, represented by Secretary to Government, Home Department
respondent
Director General of Prosecution (Crimes)

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 19 Jul 2024 · July
Registered: 10 Feb 2023
Case no.: WP(Crl.)/143/2023

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Cite this judgement

Vijayan v. State of Kerala, WP(Crl.)/143/2023 (KL), decided on 19 July 2024.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

A. Badharudeen

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Writ Petition (Criminal) filed under Article 226 by an accused seeking directed disposal of his representation to the Director General of Prosecution was withdrawn at the admission stage and dismissed as withdrawn; no substantive decision of general application.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2 THE DIRECTOR GENERAL OF PROSECUTION (CRIMES), POLICE HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695010.

3 XXXX

SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(Crl.) No.143 of 2023

-:2:-

JUDGMENT

Dated this the 19^th day of July, 2024

This Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India, by the petitioner, who is the sole accused in Crime No.133/2021 of Chittoor Police Station, Palakkad, now pending as S.C. No.607/2021 on the files of the 1^st Additional Sessions Court (for the trial of POCSO Cases), Palakkad. He seeks the following reliefs:-

i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to dispose of Exhibit P2 representation submitted by the petitioner within a time frame as may be prescribed by this Hon'ble Court.

ii) This Hon'ble Court may be pleased to dispense with the production of translation of the vernacular documents produced in the Writ Petition as Exhibits P1 and P2.

iii) Issue any other writ or direction which this Hon'ble Court may deem fit on the facts and circumstances of the case.

W.P.(Crl.) No.143 of 2023

-:3:-

Today when this case was taken up, the learned

counsel for the petitioner sought permission to withdraw this

petition. Permission granted. Hence, the petition is dismissed as withdrawn.

Registry is directed to forward a copy of this judgment to

the trial court for information and compliance.

Sd/-

A. BADHARUDEEN

JUDGE

bpr

A. Badharudeen

CNR

KLHC010113892023

Topic

Child Sexual Offences (POCSO)

Bench

Disposal

DISMISSED AS WITHDRAWN

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